Deeplinks Blog posts about Free Speech

Over the past few weeks, we here at EFF have watched as whistleblowing website WikiLeaks has fueled an emotionally charged debate about the secrecy of government information and the people's right to know. We have welcomed this debate, and the fact that there have been myriad views is the embodiment of the freedom of expression upon which this country was founded.

However, we've been greatly troubled by a recent shift in focus. The debate about the wisdom of releasing secret government documents has turned into a massive attack on the right of intermediaries to publish truthful information. Suddenly, WikiLeaks has become the Internet's scapegoat, with a Who's Who of American and foreign companies choosing to shun the site.

To provide greater protection for Internet users’ freedom of expression and privacy rights, EFF recommended that the European Commission (EC) should preserve limitations on liability for Internet intermediaries and clarify that Internet intermediaries should not be considered to have “actual knowledge” requiring them to takedown content unless they have received a court order or notification in comments filed recently as part of the EC's long-awaited public consultation on the workability of the 2000 EU eCommerce Directive.

Back in 2007, Stephanie Lenz posted a video to YouTube of her children dancing and running around in her kitchen. Stephanie wanted to share the moment with her family and friends. But they weren't the only ones watching: a few months later, Universal Music Corp. had the video removed from YouTube, claiming that the video infringed its copyright.